It has already been over a year since FIFA excluded players’ agents from the football family. Starting from 1 April 2015, agents were left out of the dispute resolution system of international football governor FIFA, and from most national football federations, including the Football Union of Russia (FUR). Right after cancellation of Players Agents Regulations, i.e. 1 April 2015, the FUR refused for its jurisdictional bodies to be competent for any claim submitted by players’ agents. However, some of such claims were pending at the FUR, some of which were submitted in order to oblige the clubs and players to fulfill the decisions on merit. All of sudden, FUR’s internal bodies rejected most of the claims based on the fact that players’ agents were no longer subjects of football at the time of hearing for cases that took place after 1 April 2015. The question was therefore to know who was responsible for the execution of FUR decisions on agents’ cases.
Two specific CAS cases on players’ agents, who were denied jurisdiction by the FUR after 1 April 2015, will be observed in the following article. Both of them were mainly dealing with a crucial procedural principle of no retroactivity (for the sake of clearness of author’s discourse, no Lex Mitior existed in both cases).Tempus regit actum - The Principle of No Retroactivity
Already in its advisory opinion of 26 April 2005, the CAS made it clear that there is a problem in identifying the relevant substantive legal rule because the anti-doping rules were amended in relatively quick succession.[1] This advisory opinion of a CAS Panel confirmed the application of the tempus regit actim principle and pointed out that “any disciplinary action shall take into account the substantive norms and rules applicable at the time of the alleged violation.”[2]
In practice, the tempus regit actum mostly appears in doping disputes at the confluence of the application of a new edition of the WADA Code and its previous one. In such cases, the Panel has to,...
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